Licensing Committee - 07/03/2019

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th March, 2019.

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 7th February, 2019 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTE OF MEETING OF LICENSING SUB-COMMITTEE

The minute of meeting of the Licensing Sub-Committee held on 7th February, 2019 was submitted and noted for information and record purposes, a copy of which is attached to this minute as an Appendix.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

LATE HOURS CATERING - NEW APPLICATION

PRIVATE HIRE OPERATORS - NEW APPLICATION

PUBLIC ENTERTAINMENT - NEW APPLICATION

SKIN PIERCING AND TATTOOIST - NEW APPLICATION

TAXI DRIVER - NEW APPLICATIONS

(b) PET ANIMAL - UPDATE

There was submitted the undernoted application.

In the case of Application No 1, reference was made to Article IV(a) of the minute of meeting of this Committee of 6th December, 2018, wherein it was agreed to grant the application subject to the condition that a relevant Animal Welfare Course be completed by the applicant by the 7th March, 2019 and that the matter be recalled to this meeting of the Committee for an update on the operation of the licence. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Environmental Health Officer, and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 28th March, 2019 to allow the licence holder to be present.

(c) TAXI DRIVER - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to pass his street test, provide a medical certificate, complete an approved SVQ Taxi Driver Training Course and supply a copy of his Unique Tax Reference Number within the prescribed time, the Committee agreed that the application be considered incompetent.

In the case of Application No 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

In the case of Application No 3, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to pass his street test, provide a medical certificate and supply a copy of his Unique Tax Reference Number, the Committee agreed that the application be considered incompetent.

(d) TAXI OPERATOR - VARIATION FOR TAXI ADVERTISING

There was submitted the undernoted application.

In the case of Application No 1, the Committee gave consideration to the content of the application, together with the proposed artwork to be applied to the vehicle to be used in the operation of the licence. The Committee noted that the advertisement proposed for placing on the vehicle did not comply with the current policy in relation to taxi advertising. Thereafter, having heard the applicant on their own behalf, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(e) TAXI OPERATOR REQUESTS FOR EXTENSIONS OF TIME TO PLACE VEHICLES ON SERVICE

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator OP1876, to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that a further extension be granted up until the meeting of this Committee to be held on 28th March, 2019.

In the case of Application No 2, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator OP233E, to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers. Thereafter, having heard the Legal Officer, the Committee agreed to note that no further action was required as the applicant had now placed a vehicle on service in the operation of the licence.

In the case of Application No 3, the Committee noted that a request had been received for a further 28 day extension for Taxi Operator OP462, to place a vehicle on service in the operation of the licence and that extensions had previously been granted under delegated powers. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant a further extension until 12th April, 2019.

(f) APPROVED LIST OF ELECTRIC VEHICLES - ADDITION TO LIST

It was reported that a Hyundai Tucson had been assessed by the Plant and Vehicle Officer and that having received the appropriate certification, it was recommended that this vehicle be added to the approved list of electric vehicles.

The Committee agreed that the vehicle be added to the approved list of electric vehicles.

IV HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

The Committee noted that the undernoted applications had been granted under delegated powers.

(b) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee noted that a letter of representation had been submitted by the Private Sector Services Manager relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

In the case of Application No 2, the Committee noted that a letter of objection had been submitted by a member of the public relevant to this application. The Committee noted that the objector was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicant, a representative of the Chief Constable and consideration of the advice of the Legal Officer and photographs which were submitted in support of the application by the agent, the Committee agreed that the application be granted.

In the case of Application Nos 3, 4 and 5, the Committee noted that a letter of objection had been submitted by a member of the public relevant to these applications. The Committee noted that the objector was not present and agreed that the matters be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager, an agent on behalf of the applicants, a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that the applications be granted, subject to the condition that the operation of the licence for 5 Constitution Crescent be restricted to one car only being permitted to be parked on the driveway at that location.

(c) HOUSES IN MULTIPLE OCCUPATION - UPDATE

There was submitted the undernoted application.

In the case of Application No 1, the Committee agreed to resolve under Section 50(A)4 of the Local Government (Scotland) Act 1973, that the press and public be excluded from the meeting for this item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part 1 of Schedule 7(A) of the Act and that the matter be considered in the private part of the agenda.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

V ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004; LANDLORD REGISTRATION

(a) LANDLORD REGISTRATION - NEW APPLICATION

There was submitted an application by Mr J F to be registered as a landlord. There was submitted a letter of observation by the Private Sector Services Manager relevant to this application. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard the Private Sector Services Manager and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of this Committee to be held on 28th March, 2019, to allow the licence holder to be present and that the licence holder be advised that non-attendance may mean that the matter would be considered in their absence.

VI CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) SECOND HAND DEALER - NEW APPLICATION

There was submitted an application by Mr A L for a Second Hand Dealers Licence. There was submitted a letter of objection from the Planning and Economic Development Division relative to this application, together with comments that had been received from the Debt Management Team and the Community Safety and Protection Division. The Committee noted that the applicant was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the documentation. Thereafter, having considered the advice of the Legal Officer and having noted that the applicant had failed to provide their Unique Tax Reference Number or evidence of Public Liability Insurance, the Committee agreed that the application be considered incompetent.

(b) TAXI DRIVER - NEW APPLICATION

There was submitted an application by Mr L C for a Taxi Drivers Licence. There was submitted a letter of objection from the Chief Constable relevant to this application. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Chief Constable, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted for a period of six months and that the matter be recalled to the meeting of this Committee to be held on 5th September, 2019 for an update on the operation of the licence.

(c) PRIVATE HIRE DRIVER - NEW APPLICATION

There was submitted an application by Ms M H for a Private Hire Drivers Licence. There was submitted comments which had been received from Corporate Finance Division relevant to this application. The Committee gave consideration to the content of the comments. Thereafter, having heard a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer and having noted that the applicant had not submitted their Unique Tax Reference Number, the Committee agreed that the application be granted, subject to the condition that necessary documentation was submitted to the satisfaction of the Licensing Office and that the matter be recalled to the meeting of this Committee to be held in six months time for an update on the payment of outstanding monies to the Corporate Finance Division.

(d) TAXI OPERATOR - ELECTRIC VEHICLE - NEW APPLICATION

There was submitted an application by Company H to replace an existing Taxi Operators Licence with an electric vehicle. The Committee noted that the licence holder had been Mr D A. Thereafter, having heard the representative of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(e) PRIVATE HIRE OPERATOR REQUEST FOR VARIATION

There was submitted an application by Mr A M requesting a variation of the conditions of his Private Hire Operators Licence. In the case of this application, reference was made to Article V(d)(i) of the minute of meeting of this Committee held on 7th February, 2019, wherein it was agreed to grant a further extension until the next meeting of the Committee. Thereafter, having heard the Legal Officer, the Committee agreed to note that no further action was required as the applicant had withdrawn their application and surrendered their licence.

(f) TAXI OPERATOR REQUESTS FOR VARIATIONS

(i) There was submitted an application by Mr G D requesting a variation of his Taxi Operators Licence to allow him to substitute a saloon car vehicle for a Wheelchair Accessible Vehicle. There was submitted copy of supporting documentation which had been provided by the applicant relevant to this application. In the case of this application, reference was made to Article V(d)(iii) of the minute of meeting of this Committee held on 7th February 2019, wherein it was agreed to defer the application to this meeting of the Committee to allow the applicant to be present. The Committee gave consideration to the application and supporting documentation submitted. Thereafter, having heard a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted.

(ii) There was submitted an application by Mr T N, requesting a variation to the conditions of his Taxi Operators Licence to allow him to substitute a saloon car vehicle for a Wheelchair Accessible Vehicle. There was submitted a copy of supporting documentation which had been provided by the applicant relevant to this application. In the case of this application, reference was made to Article V(d)(ii) of the minute of meeting of this Committee held on 7th March 2019, wherein it was agreed to defer consideration of this application to this meeting of the Committee to allow a written statement to be submitted by the applicant as to the non-suitability for him of the vehicles which were on the Councils approved list of Wheelchair Accessible Vehicles. The Committee gave consideration to the application and the content of the documentation which had been submitted. Thereafter, having heard the applicant on their own behalf and consideration of advice of the Legal Officer, the Committee agreed that the application be granted.

VII HOUSING (SCOTLAND) ACT 2006

(a) HOUSES IN MULTIPLE OCCUPATION - UPDATE

Reference made to Article IV(c) of this minute, wherein it was agreed to consider the update in relation to the Houses in Multiple Occupation Licence held by Mr J G and Mr C L in the private part of the proceedings. In the case of this application, reference was made to Article V(c) of the minute of meeting of this Committee held on 6th September, 2018, wherein it was agreed to grant the licence for a period of six months and to recall the matter to this meeting of the Committee for an update on the operation of the licence.

Thereafter, having heard the Private Sector Services Manager, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed to defer consideration of the application to the meeting of this Committee to be held on 2nd May, 2019, to allow the Private Sector Services Manager to carry out inspection works at the property used in the operation of the licence.

Stewart HUNTER, Convener.

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th February, 2019.

APPENDIX I

Present:-

Councillor Stewart HUNTER

Councillor Ken LYNN

Councillor George McIRVINE

Councillor Stewart HUNTER, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) TAXI DRIVERS LICENCE REQUESTS FOR HEARINGS

(i) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr N A during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr N A to be the holder of a Taxi Driver's Licence.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr I W during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr I W to be the holder of a Taxi Driver's Licence.

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

(iii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr B D during the currency of his Taxi Drivers Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having heard the representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr B D to be the holder of a Taxi Driver's Licence.

(b) TAXI DRIVERS LICENCE AND PRIVATE HIRE OPERATORS LICENCE - REQUESTS FOR HEARINGS

(i) There was submitted a letter of information from the Executive Director of Corporate Services relative to the alleged conduct of Mr S W during the currency of his Taxi Drivers Licence and Private Hire Operators Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having considered the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr S W to be the holder of a Taxi Driver's Licence and Private Hire Operators Licence.

(ii) There was submitted a letter of information from the Executive Director of Corporate Services relative to the alleged conduct of Mr J L during the currency of his Taxi Drivers Licence and Private Hire Operators Licence.

The Sub-Committee gave consideration to the content of the letter.

Thereafter, having considered the advice of the Legal Officer, the Sub‑Committee agreed that a hearing be held in due course in relation to the fitness of Mr J L to be the holder of a Taxi Driver's Licence and Private Hire Operators Licence.

Stewart HUNTER, Convener.